Prosecutor In The Criminal Trial (Conceptual, Organizational And Functional Aspects)

Journal Issue:

Author : 
Author Information: 

Doctor of Laws, Professor of the Department of Criminal Law and Process at the Peoples' Friendship University of Russia

Abstract: 

In the present article author in detail analyzes point 1 and 2 of the part 2 of the article 37 of the Criminal Procedural Code of the Russian Federation, devoted to the powers of the execution of the provision of federal law check, registration of messages on crimes commission and making motivated decree on direction of corresponding materials to the investigative body or law-enforcement body for the solution of the question of criminal prosecution on the facts of the criminal legislation violations revealed by the prosecutor. Explanation connecting them in one norm made in the point 1.3. of the Order of the State Office of Public Prosecutor of the Russian Federation of June. 02, 2011 No. 162 "On the organization of public prosecutor's supervision over the procedural activity of the preliminary investigation bodies". Author explains that from the point of the legal decision legitimacy, an explanation of the Prosecutor General of the Russian Federation correspond to the principles of criminal trial and  functional concept of the prosecutor participation. Discrepancy of the legal grounds provided in the point 1 and 2 of the part 2 of the article 37 of the Criminal Procedural Code of the Russian Federation for ensuring of powers stated in the point 1 of this article of the Code and its parts. In fact, analogy of the law is applied. In the conclusion author in addition to the Criminal Procedure Code of the Russian Federation is offered.

Keywords: 

Criminal Procedure Code of the RSFSR, Criminal Procedure Code of the Russian Federation, participation of the prosecutor in the criminal trial, prosecutor's protest, prosecutor representation, prosecutor's initiative, sentence and other judgments, function of the indictment approval, legal proceedings initiation, powers of the prosecutor, pre-judicial cooperation agreements.

REFERENCES: 

[1] Ugolovno-processualnyj kodeks Rossijskoj Federacii p. 4 ch. 1 st. 140, p. 2 ch. 2 st. 37 // SPS "KonsultantPlyus".